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{
    "id": 588883,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588883/?format=api",
    "text_counter": 119,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Gathecha",
    "speaker_title": "",
    "speaker": {
        "id": 652,
        "legal_name": "Annah Nyokabi Gathecha",
        "slug": "annah-nyokabi-gathecha"
    },
    "content": "Thank you, Hon. Speaker. I rise to support this Bill. The purpose of this Bill is to ensure that Kenyans are able to access justice from wherever they are in this country without having to travel to one central area. This means that the courts will be decongested and justice will not be delayed. Many people face very serious problems when it comes to the issues of land and settlement. The ability of women to access justice in this country is a challenge. With the passage of this Bill, women will be able to access justice wherever they are. This Bill gives jurisdiction to the magistrates’ courts and sets the pecuniary limits of cases they can handle, ranging from Kshs7 million to Kshs2 million depending on the level of the magistrate’s court. This Bill allows the local mwananchi to access justice. We know that justice delayed is justice denied. Clause 7(3) of this Bill provides:- “A magistrate’s court shall have jurisdiction in proceedings of a civil nature concerning any of the following matters under African customary law— (a) land held under customary tenure; (b) marriage, divorce, maintenance or dowry; (c) seduction or pregnancy of an unmarried woman or girl; (d) enticement of, or adultery with a married person (e) matters affecting status, and in particular the status of— (i)widows and children, including guardianship, custody; (ii)adoption and legitimacy; and (f) intestate succession and administration of intestate estates, so far as they are not governed by any written law.” Yesterday, there was a case where one of the board directors of a school in one of the constituencies in my county defiled some Form Four girls and had gotten away with it. Even after they had been asked to report, there was no enforcement. So, if the courts are closer to the people, not only will enforcement take place immediately, but it will also ensure that victims get justice. It has taken some families very many years to settle cases of intestate succession and administration of intestate estates. Such families go through a lot of suffering as they wait for justice. This has created significant problems. So, this Bill will ensure that such families will access justice at any point so that their suffering is alleviated. Cases where one spouse dies without a will normally ends up with the surviving spouse being thrown out of the property, facing a lot of injustice, having to go through their chief or having to be taken in rounds. Because many of such people are illiterate, they are not able to get justice. Clause 10 of this Bill talks about a person who assaults, threatens, intimidates or insults a magistrate or a judicial officer or a witness involved in a case as committing an offence. Most victims face a lot of intimidation, assault and threats when they try to access justice. Because The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}